Jan 08 2008

Stopping you for no reason

Published by at 12:57 pm under Washington

When Washington Governor Chris Gregoire was explaining on Monday her rationale behind her new security checkpoint program, she pointed out that we already have security stops and checks at courthouses and airports. In many of those places, we do; and the proposed expansion of governmental stops and checks of citizens who are minding their own business and violating no law is one of the exact reasons we disapprove of them so much. Where will the quest for “safety” and “security” lead us next? How much more thoroughly will the Fourth Amendment be eviscerated in the name of keeping people safe?

Not that intoxicated driving, the intended target here, is a small thing; it is a substantial killer. But the heightened penalties and law enforcement watches for drunken drivers, and improved public awareness, have had positive effect: There’s been a general decline in DUI over the last couple of decades. Much of what’s been done has worked, and a variety of non-intrusive options not much use so far should be. Technology, from ignition locks to portable breathalyzers and beyond, not to mention improved efforts against alcoholism, can help further. When she said that “The fact of the matter is it’s a different day than it was 20 years ago,” she’s right: The problem is less extreme than it was then, and we have much better options now than we did then.

The freedom to travel from place to place without being stopped by government authorities – absent some specific reason why you should be – is core and central to freedom in America. Every one of these generalized stops and checkpoints of people undermines that, a point courts generally have upheld over the years, including courts in Washington when this kind of idea was proposed in the last decade.

We think this is a lousy idea even if it works as intended, but we doubt that it will. Cops spending their time stopping and checking every driver (or every random fourth, or whatever it is) who are doing nothing wrong, are cops not checking on particularized violations (of DUI or whatever) somewhere else.

Beyond that, the procedure will make these stops pretty easy for drunks to avoid. From Gregoire’s office: “The proposed legislation would require law enforcement to apply for a warrant to conduct an administrative sobriety checkpoint in their county. The application would have stringent guidelines including information like geographic locations and checkpoint specifics.” This would be public: The proposed legislation says specifically that the public will be notified prior to the checkpoints being set up. You can imagine that among the drinking crowd, word will spread. The rest of us, less motivated to track these things, may be stopped disproportionately.

And for DUI exclusively? You can see this coming: Agencies will want to piggyback other agendas on top of this one, just as the Patriot Act, supposedly solely an anti-terrorist measure, has been used much more for other purposes. Have no doubt, if this approach takes affect, it will happen. Where it will end, where its practical limits will be, remain unclear.

What this most specifically would accomplish would get Americans ever more accustomed another stop and search routine of them by their government. And that is how the fourth amendment, and the sense of what it is to live in a free country, gets gradually whittled away.

Share on Facebook

One response so far

One Response to “Stopping you for no reason”

  1. Michael Kennedyon 13 Jan 2008 at 10:11 am

    The mistake here is beginning the analysis with the observation that we already have courthouse, airport, and DUI checkpoints, so this marginal elevation in the evisceration of liberty for “Homeland Security” [indistinguishable from the "value" rationalized in Nazi Germany for eroding freedoms there in the 30s] must be okay, so the argument goes. But those other liberty invasions offend the Constitution of the Framers also, so they should not be the starting point for analysis. Justice Thomas, the only real originalist on the Court, notwithstanding that others occasionally sport the label, recognizes that the Framers would not have supported suspicionless searches and seizures of individuals coursing the public byways and buildings of the Republic. Justice Brandeis said, and saw, it best: “Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”

Share on Facebook

 


Oregon State Highway film from 1966. A few changes since then.

 

JOURNEY WEST

by Stephen Hartgen
The personal story of the well-known editor, publisher and state legislator's travel west from Maine to Idaho. A well-written account for anyone interested in Idaho, journalism or politics.
JOURNEY WEST: A memoir of journalism and politics, by Stephen Hartgen; Ridenbaugh Press, Carlton, Oregon. $15.95, here or at Amazon.com (softcover)

 

 

NEW EDITIONS is the story of the Northwest's 226 general-circulation newspapers and where your newspaper is headed.
New Editions: The Northwest's Newspapers as They Were, Are and Will Be. Steve Bagwell and Randy Stapilus; Ridenbaugh Press, Carlton, Oregon. 324 pages. Softcover. (e-book ahead). $16.95.
See the NEW EDITIONS page.

How many copies?

 
THE OREGON POLITICAL
FIELD GUIDE 2014

The Field Guide is the reference for the year on Oregon politics - the people, the districts, the votes, the issues. Compiled by a long-time Northwest political writer and a Salem Statesman-Journal political reporter.
OREGON POLITICAL FIELD GUIDE 2014, by Randy Stapilus and Hannah Hoffman; Ridenbaugh Press, Carlton, Oregon. $15.95, available right here or through Amazon.com (softcover)

 
 
THE IDAHO POLITICAL
FIELD GUIDE 2014

by Randy Stapilus and Marty Trillhaase is the reference for the year on Idaho Politics - the people, the districts, the votes, the issues. Written by two of Idaho's most veteran politcal observers.
IDAHO POLITICAL FIELD GUIDE 2014, by Randy Stapilus and Marty Trillhaase; Ridenbaugh Press, Carlton, Oregon. $15.95, available right here or through Amazon.com (softcover)

 
 
without compromise
WITHOUT COMPROMISE is the story of the Idaho State Police, from barely-functioning motor vehicles and hardly-there roads to computer and biotechnology. Kelly Kast has spent years researching the history and interviewing scores of current and former state police, and has emerged with a detailed and engrossing story of Idaho.
WITHOUT COMPROMISE page.

 

Diamondfield
How many copies?
The Old West saw few murder trials more spectacular or misunderstood than of "Diamondfield" Jack Davis. After years of brushes with the noose, Davis was pardoned - though many continued to believe him guilty. Max Black has spent years researching the Diamondfield saga and found startling new evidence never before uncovered - including the weapon and one of the bullets involved in the crime, and important documents - and now sets out the definitive story. Here too is Black's story - how he found key elements, presumed lost forever, of a fabulous Old West story.
See the DIAMONDFIELD page for more.
 

Medimont Reflections Chris Carlson's Medimont Reflections is a followup on his biography of former Idaho Governor Cecil Andrus. This one expands the view, bringing in Carlson's take on Idaho politics, the Northwest energy planning council, environmental issues and much more. The Idaho Statesman: "a pull-back-the-curtain account of his 40 years as a player in public life in Idaho." Available here: $15.95 plus shipping.
See the Medimont Reflections page  
 
Idaho 100 NOW IN KINDLE
 
Idaho 100, about the 100 most influential people ever in Idaho, by Randy Stapilus and Martin Peterson is now available. This is the book about to become the talk of the state - who really made Idaho the way it is? NOW AN E-BOOK AVAILABLE THROUGH KINDLE for just $2.99. Or, only $15.95 plus shipping.
 

Idaho 100 by Randy Stapilus and Martin Peterson. Order the Kindle at Amazon.com. For the print edition, order here or at Amazon.


 

    Top-Story-graphic-300x200_topstory8
    Monday mornings on KLIX-AM

    watergates

    ORDER IT HERE or on Amazon.com

    More about this book by Randy Stapilus

    Water rights and water wars: They’re not just a western movie any more. The Water Gates reviews water supplies, uses and rights to use water in all 50 states.242 pages, available from Ridenbaugh Press, $15.95

    intermediary

    ORDER IT HERE or on Amazon.com

    More about this book by Lin Tull Cannell

    At a time when Americans were only exploring what are now western states, William Craig tried to broker peace between native Nez Perces and newcomers from the East. 15 years in the making, this is one of the most dramatic stories of early Northwest history. 242 pages, available from Ridenbaugh Press, $15.95

    Upstream

    ORDER HERE or Amazon.com

    The Snake River Basin Adjudication is one of the largest water adjudications the United States has ever seen, and it may be the most successful. Here's how it happened, from the pages of the SRBA Digest, for 16 years the independent source.

    Paradox Politics

    ORDER HERE or Amazon.com

    After 21 years, a 2nd edition. If you're interested in Idaho politics and never read the original, now's the time. If you've read the original, here's view from now.


    Governing Idaho:
    Politics, People and Power

    by James Weatherby
    and Randy Stapilus
    Caxton Press
    order here

    Outlaw Tales
    of Idaho

    by Randy Stapilus
    Globe-Pequot Press
    order here

    It Happened in Idaho
    by Randy Stapilus
    Globe-Pequot Press
    order here

    Camping Idaho
    by Randy Stapilus
    Globe-Pequot Press
    order here